Constitution of Kenya (Repealed) - Kenya Law Reports

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20 Constitution of Kenya[Rev. 2009relates to any offence or alleged offence or suspected offence, and theCommissioner shall comply with that requirement and shall report tothe Attorney-General upon the investigation.(5) The powers of the Attorney-General under subsections (3) and(4) may be exercised by him in person or by officers subordinate to himacting in accordance with his general or special instructions.(6) The powers conferred on the Attorney-General by paragraphs(b) and (c) of subsection (3) shall be vested in him to the exclusion ofany other person or authority:Provided that where any other person or authority has institutedcriminal proceedings, nothing in this subsection shall prevent thewithdrawal of those proceedings by or at the instance of that person orauthority and with the leave of the court.(7) For the purposes of this section, an appeal from a judgmentin criminal proceedings before any court, or a question of law reservedfor the purpose of those proceedings to any other court, shall be deemedto be part of those proceedings:Provided that the power conferred on the Attorney-General bysubsection (3) (c) shall not be exercised in relation to an appeal by aperson convicted in criminal proceedings or to a question of law reservedat the instance of such a person.(8) In the exercise of the functions vested in him by subsections(3) and (4) of this section and by sections 44 and 55, the Attorney-General shall not be subject to the direction or control of any otherperson or authority.Prerogative of mercy.14 of 1975, s.2.27. The President may -(a) grant to a person convicted of an offence a pardon, eitherfree or subject to lawful conditions;(b) grant to a person a respite, either indefinite or for a specifiedperiod, of the execution of a punishment imposed on thatperson for an offence;(c) substitute a less severe form of punishment for a punishmentimposed on a person for an offence;(d) remit the whole or part of a punishment imposed on a personfor an offence or of a penalty or forfeiture otherwise due tothe Republic on account of an offence; and
Rev. 2009]Constitution of Kenya 21(e) remove in whole or in part the non-qualification or thedisqualification of a person, arising out of or in consequenceof the report of an election court under the provisions of theNational Assembly and Presidential Elections Act, fromregistration as an elector on a register of electors or fromnomination for election as an elected member of the NationalAssembly.28. (1) There shall be an Advisory Committee on the Prerogativeof Mercy which shall consist of -(a) the Attorney-General; andCap. 7.Advisory Committeeon Prerogative ofMercy(b) not less than three nor more than five other membersappointed by the President, of whom at least one shall be aMinister and at least one shall be a person qualified to practicein Kenya as a medical practitioner.(2) A member of the Committee appointed under subsection (1)(b) shall hold his seat thereon for such period as may be specified inthe instrument by which he was appointed:Provided that his seat shall become vacant -(i) in the case of a person who at the date of his appointmentwas a Minister, if he ceases to be a Minister; or(ii) in any case, if the President in writing so directs.(3) The Committee may act notwithstanding a vacancy in itsmembership and its proceedings shall not be invalidated by the presenceor participation of a person not entitled to be present at or to participatein its proceedings.(4) The Committee may regulate its own procedure.29. (1) Where a person has been sentenced to death (otherwisethan by a court-martial) for an offence, the President shall cause awritten report of the case from the trial judge, together with such otherinformation derived from the record of the case or elsewhere as he mayrequire, to be considered at a meeting of the Advisory Committee on thePrerogative of Mercy; and after obtaining the advice of the Committeehe shall decide in his own judgment whether to exercise any of hisfunctions under section 27.Functions ofAdvisory Committeeon Prerogative ofMercy.(2) The President may consult with the Committee before deciding
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